Free Statement - District Court of Arizona - Arizona

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Daniel P. Collins (State Bar Id No. 009055) COLLINS, MAY, POTENZA, BARAN & GILLESPIE, P.C. 2210 Chase Tower 201 North Central Avenue Phoenix, Arizona 85004-0022 Telephone No. (602) 252-1900 Facsimile No. (602) 252-1114 Email: [email protected] Attorneys for Plaintiff Northern Wisconsin Produce Company, Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Northern Wisconsin Produce Company, Inc., a ) Wisconsin corporation, ) ) Plaintiff, ) ) v. ) ) Steven J. Delaportas and Jane Doe Delaportas, ) husband and wife; et al., ) ) Defendants. ) ) No. 2:02-cv-02366-HRH

PLAINTIFF'S STATEMENT OF POSITION

Plaintiff, Northern Wisconsin Produce Company, Inc. ("Northern Wisconsin"), by and through its undersigned counsel, herewith submits its statement of position in response to this Court's Order of June 10, 2008. In that Order, this Court asked Northern Wisconsin to advise the Court as to how it wishes to proceed in view of the recent chapter 7 bankruptcy filing of Defendant, Steven J. Delaportas. This Court correctly noted that Mr. Delaportas' bankruptcy stay imposed under 11 U.S.C. §362 does not extend to stay this Court's proceedings against Defendants Joanne Delaportas ("Mrs. Delaportas") and Ionian Foods, LLC ("Ionian"). The Court further correctly anticipated that Northern Wisconsin would not find it cost effective to proceed against Ionian and Mrs. Delaportas without simultaneously pursuing Mr. Delaportas

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because Mr. Delaportas was the party primarily responsible for the damages suffered by Northern Wisconsin. In connection with Mr. Delaportas' chapter 7 bankruptcy, Northern Wisconsin intends to pursue causes of action seeking to deny Mr. Delaportas his discharge or, at a minimum, the dischargeability of obligations he owes to Northern Wisconsin. Northern Wisconsin may further seek to litigate such causes of action in this Court rather than the Bankruptcy Court. To do so, Northern Wisconsin will presumably be required to file a motion seeking to withdraw the reference of the bankruptcy proceedings back to the District Court. See 28 U.S.C. §157(d). In light of the above, Northern Wisconsin respectfully requests that this Court enter its order staying further proceedings before this Court until either the bankruptcy stay is lifted in Mr. Delaportas' bankruptcy proceedings or the reference of this bankruptcy case is withdrawn to the District Court. Northern Wisconsin suggests that this Court order the undersigned to file, by October 1, 2008, a status report indicating the status of Northern Wisconsin's efforts in Mr. Delaportas' bankruptcy case. Respectfully submitted this 16th day of June, 2008. COLLINS, MAY, POTENZA, BARAN & GILLESPIE, P.C.

By /s/ Daniel P. Collins (#009055) Daniel P. Collins Attorneys for Plaintiff, Northern Wisconsin Produce, Inc. Copies of the foregoing mailed this 16th day of June, 2008, to: Honorable H. Russel Holland United States District Court 222 West 7th Avenue - #54 Anchorage, Alaska 99513

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Steven J. Delaportas Ionian Foods, LLC Post Office Box 32770 Phoenix, Arizona 86064 Pro Per Gary R. Stickell, Esq. 301 E. Bethany Home Road Suite B100 Phoenix, Arizona 85012

/s/ Lisa Harnack

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